This chapter shall be known as the "Curfew Law
of the Town/Village of East Rochester."
It shall be unlawful and a violation of this
chapter for a minor to be or loiter or remain in, on or upon a public
place within the Town/Village between the following hours (the "curfew
hours"):
A. Beginning at 11:00 p.m. on Friday and Saturday nights
and extending until 5:00 a.m. on the following day.
B. Beginning at 10:00 p.m. on all other nights and extending
until 5:00 a.m. on the following day.
A minor in a public place during the curfew
hours shall not be considered in violation of this chapter under the
following circumstances:
A. When the minor is accompanied by a parent of such
minor.
B. When the minor is accompanied by an adult authorized
by a parent of such minor to take said parent's place in accompanying
said minor for a designated period of time and purpose within a specified
area.
C. When the minor is exercising First Amendment rights
protected by the United States Constitution, such as the free exercise
of religion, freedom of speech and the right to such exercise, provided
that the minor has in his possession a writing, signed by the minor
and by a parent of the minor, with their home address and telephone
number, specifying when, where and in what manner the minor will be
in a public place during curfew hours in the exercise of a First Amendment
right specified in such writing.
D. When the minor is, with parental consent, in or on
a public place in a case of reasonable necessity.
E. When the minor is on the sidewalk or property where
the minor resides or on either side of or across the street from the
place where the minor resides and the adult owner or resident of that
property has given permission for the minor to be there.
F. When the minor is, with parental consent, returning
home from and within one hour after the termination of a school or
Town/Village-sponsored activity or an activity of a religious, voluntary,
cultural or community organization.
G. When the minor is, with parental consent, in a motor
vehicle engaged in normal travel. When the minor is engaged in bona
fide interstate movements along major routes through the Town/Village
and interstate travel beginning or ending in the Town/Village.
H. When the minor is engaged in or traveling to or from
a place of employment.
I. When the minor is engaged on an errand involving a
medical emergency or other emergency involving an immediate and significant
threat to life or property.
J. When the minor is 17 years of age and has parental
consent for the use by such minor of generally designated public places
for generally designated periods of time.
K. When the minor is authorized by a special permit from
the Town/Village Board of Trustees carried on the person of the minor
thus authorized, as follows: when necessary nighttime activities of
a minor are inadequately provided for by the provisions of this chapter,
recourse may be had to the Town/Village Board of Trustees for a special
permit as circumstances warrant. Upon the Town/Village Board of Trustees'
finding of necessity for the use of a public place or places, and
with written parental consent, the Town/Village Board of Trustees
may grant a special permit, in writing, for use by such minor of a
specified public place or places, for specified periods of time as
in the Town/Village Board of Trustees' judgment may be necessary.
Such special permit may be revoked by the Town/Village Board of Trustees
for good cause shown following a hearing.
It shall be unlawful and a violation of this
chapter for a parent knowingly to permit, or by inefficient control
to allow, a minor to be or loiter or remain in or on or upon a public
place in the Town/Village during curfew hours under circumstances
not constituting an exception to or an exemption from or otherwise
beyond the scope of this chapter.
Notice of the existence of this chapter and
of the curfew regulations established by it shall be posted, from
time to time, in, on or at such public or quasi-public places as may
be determined by the Chief of Police in order that the public may
be informed of the existence of this chapter and its regulations.